The IPKat

FEBRUARY 29, 2024

In a decision delivered this week, the Court of Appeal of England and Wales (the Court) has upheld the design infringement claim brought by Marks and Spencer (M&S) against Aldi in respect of their gin-based flavoured liqueur range, in what may be a catalyst for a shift from trade mark law to design law for product "lookalike" claims.

Designs 62

Designs Design Registration Intellectual Property 62

Selvam & Selvam Blog

NOVEMBER 11, 2021

At the outset, Section 11(1) of the Designs Act, 2000, grants copyright protection to a design for a period of ten years from the date of registration. However, if priority is claimed then the registration period is calculated as being ten years from the priority date. Law vector created by pikisuperstar.

Designs 52

Designs Design Registration Copyright 52

Olartemoure Blog

NOVEMBER 25, 2022

The World Intellectual Property Organization published the World Intellectual Property Indicators report, where it revealed a strong growth in IP applications in 2021, demonstrating that entrepreneurship, technology , innovation and digitalization continue to drive the growth of the global economy. more than in 2020. and 9.2%, respectively.

Intellectual Property 52

Intellectual Property Registration Publishing Reporting 52

IP and Legal Filings

FEBRUARY 8, 2023

Indian Copyright Registration The Indian Copyright Office is similarly confused how to handle such requests. i] Another application, however, was made in which a natural person and an AI again (RAGHAV) were designated as co-authors for another artwork. [i] In this case, the copyright office allowed registration.

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Registration Art Copyright Artwork 78

Indiana Intellectual Property Law

OCTOBER 18, 2021

Trademark Office issued the following 161 trademark registrations to persons and businesses in Indiana in September 2021 based on applications filed by Indiana trademark attorneys: Reg. INSPIRE DESIGN CENTER. A ALPHA DESIGN. ON DEMAND DESIGN CONCEPTS. SUCCESS AT WORK COACH. TRUCKING FROM SCRATCH. COASTAL MIX.

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Registration Trademark Designs Design 52

The TTABlog

AUGUST 31, 2021

-Bee) has scheduled six (VI) oral hearings for the month of September 2021. September 8, 2021 - 10 AM: Joshua S. 92067794 [Petitioner for cancellation of registration s for the mark FORUM for clothing and snowboards, on the ground of abandonment.] September 9, 2021 - 4 PM: Maker's Mark Distillery, Inc. Welch 2021.

Registration 57

Registration Designs Design Trademark 57

LexBlog IP

JANUARY 11, 2023

Mask work is a type of intellectual property protection designed to protect layout designs (topographies) of integrated circuits. The SCPA legally protects layouts of integrated circuits upon registration, making them illegal to copy without permission. Registration of a Mask Work. Understanding Mask Work.

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Registration Designs Design Copying 40

The TTABlog

NOVEMBER 30, 2021

Bee) has scheduled eight (VIII) oral hearings for the month of December 2021. December 1, 2021 - 11 AM: In re Solar Foundations USA, Inc. December 1, 2021 - 11 AM: In re Solar Foundations USA, Inc. December 2, 2021 - 10 AM: In re Jasmin Larian, LLC , Serial No. December 7, 2021 - 11 AM: Made in Nature, LLC v.

Registration 57

Registration Designs Design Trademark 57

LexBlog IP

FEBRUARY 15, 2022

On February 05, 2022, the World Intellectual Property Organization (WIPO) announced that China had joined the Hague International Design System (the Hague System) that allows registering up to 100 designs in 94 countries through one international application. [1] Kara also supports the prosecution of Chinese design applications.

Designs 40

Designs Design Patent Prosecution Intellectual Property 40

The TTABlog

SEPTEMBER 30, 2021

Section 2(a) - False Suggestion of a Connection: TTAB Denies Fraud Claim But Grants Petition to Cancel SEYIDOGLU Registration on Section 2(a) False Connection Ground Section 2(d) - Likelihood of Confusion: TTABlog Test: Which of These Three Section 2(d) Refusals Was Reversed? SPECIAL & Design" Confusable With RADIALWEAR for Clothing?

Registration 57

Registration Designs Design Trademark 57

The TTABlog

SEPTEMBER 2, 2021

opposed registration of the mark shown below left, claiming a likelihood of confusion with its registered mark shown below right, both for clothing. 91244445 (August 25, 2021) [not precedential] (Opinion by Judge Michael B. Moreover, the alligator design is larger that the wording in applicant's mark. Welch 2021.

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Designs Design Advertising Advertising 89

The TTABlog

JULY 30, 2021

-Bee) has scheduled three (3) oral hearings for the month of August 2021. August 11, 2021 - 11 AM: General Motors LLC v. August 19, 2021 - 10 AM: Alzheimer's Disease and Related Disorders Association v. August 26, 2021 - 10 AM: In re Old Blind Dog BBQ LLC , Serial No. Welch 2021. Bolt Ride, Inc. Opposition No.

Registration 57

Registration Designs Design Trademark 57

The IPKat

AUGUST 17, 2022

In all this, it is no surprise that new and quirky designs require effective IP protection to retain their goodwill and reputation, as well as competitive advantage. The applicant maintained its request for registration. These had been circulating on the market since, at least, 2017.

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Registration Designs Design Marketing 91

The TTABlog

DECEMBER 31, 2021

35: TTAB Grants MIRAGE BRANDS Cancellation Petition Due To Likelihood of Reverse Confusion On Remand from the CAFC, TTAB Denies Petition for Cancellation of "NAKED" Registration for Condoms TTABlog Test: Three Recent Section 2(d) Inter Partes Cases - How Did They Come Out? & Design" for Beer? [Yes] Precedential No.

Cinema 67

Cinema Registration Trademark Reporting 67

IP Tech Blog

JANUARY 22, 2024

Among other things, the Initiative’s portal compiles registration decisions for AI-generated materials. Particularly instructive is a December 11, 2023 decision by the Copyright Review Board affirming the denial of registration to an AI-generated artwork. does not contain enough original human authorship to support a registration.”

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Registration Art Copyright Editing 62

Garrigues Blog

SEPTEMBER 7, 2021

Whether or not these types of products or components can be protected as industrial designs must be addressed case by case. The legal protection of industrial designs mainly covers aesthetics, the specific shape or aesthetic configuration of a product. Specifically, article 4.2 of Regulation 6/2002. of Regulation 6/2002). Article 4.3

Designs 90

Designs Design Intellectual Property Registration 90

Velocity of Content

NOVEMBER 11, 2021

The Office’s response was released on August 31, 2021 and described the contours of the issue – which appears to require legislative action if it is to be addressed. This case comes along at a time when the Court has recently (2019) articulated a stricter registration standard for bringing copyright disputes before a court.

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Copyright Publishing Reporting Copyright Infringement 98

The TTABlog

AUGUST 7, 2023

The USPTO refused to register the mark SUNSET SUSHI & Design on the ground of likelihood of confusion with the registered mark BANSHOO SUSHI BAR & Design , for overlapping restaurant services. According to the cited registration, the English translation of "BANSHOO" is "SUNSET." Here, is the latest decision.

Designs 40

Designs Design Registration Copyright 40

IP and Legal Filings

JANUARY 26, 2023

2] However, the quintessential reason for such distinction is due to a slightly elevated standard for the registration of non-traditional marks. Image Source : Shutterstock] The Trademarks Act, 1999 (‘Act’) refers exclusively to the registrability of ‘combination of colours’. [3] In this also falls the case of colour marks.

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Registration Trademark Trademark Law Law 76

IP Tech Blog

AUGUST 22, 2022

Are they protectable by design patents? In this post we will analyze the availability of design patents for digital commodities and how it compares with other Asian countries like Japan, South Korea and Singapore. In China, a GUI alone cannot be registered as a design patent. Overview of current legislation in China.

Design Patent 57

Design Patent Designs Design Patent 57

SpicyIP

JULY 28, 2021

We are pleased to bring you a guest post by Yashi Agrawal on India’s recent accession to the Locarno Agreement, discussing inter alia the resultant amendments to India’s design laws and prospective benefits to India on becoming a part of the Locarno Special Union and Assembly. Yashi Agrawal. India and the Locarno Agreement.

Designs 124

Designs Design Intellectual Property Editing 124

The TTABlog

OCTOBER 22, 2021

The USPTO refused to register the mark BEDLAM VODKA in the word-plus-design form shown below left, for vodka [VODKA disclaimed], finding confusion likely with the registered mark BEDLAM! in the word-plus-design form shown below right, for beer. 88182246 (October 19, 2021) [not precedential] (Opinion by Judge Melanye K.

Designs 94

Designs Design Registration Copyright 94

Patently-O

NOVEMBER 21, 2021

So much so that the post-1902 Act regional circuit design patent cases invalidating design patents on functionality grounds would come out oppositely under the Federal Circuit’s lax standards. In 2015, it sought copyright registration of this useful article as a sculptural work. This commentary presents some of our findings.

Designs 73

Designs Design Copyright Design Patent 73

The IPKat

APRIL 26, 2023

A Registered Community Design (‘RCD’) enjoys protection only if it is new and has individual character vis-à-vis designs disclosed prior to its filing or priority date ( Art. 4(1), 7 of Regulation 6/2002 , ‘Design Regulation’). 7(1) Design Regulation ). 7(1) Design Regulation ). 6 of Directive 2005/29/EC.

Designs 76

Designs Design Art Intellectual Property 76

The TTABlog

JANUARY 11, 2022

The only precedential Section 2(d) decision was the Joel Embiid case, In re Joel Embiid , 2021 USPQ2d 577 (TTAB 2021), affirming a refusal to register TRUST THE PROCESS for shoes. Prior registrations (under the 13th DuPont factor) impacted the HANA BANCORP and ELDORADO RESORT decisions. None of the reversals was precedential.

Designs 88

Designs Design Registration Copyright 88

The TTABlog

JULY 2, 2021

Failure to Prove "Standing" and Priority Dooms Section 2(d) Cancellation of CHUBB TRAVEL SMART Registration for Mobile Apps Catch-all Thirteenth DuPont Factor Saves HANA BANCORP & Design from Section 2(d) Refusal Precedential No. TTABlog Test: Are These Two "Bull" Designs Confusingly Similar For Auto Parts? Precedential No.

Registration 52

Registration Designs Design Trademark 52

LexBlog IP

JANUARY 22, 2024

Among other things, the Initiative’s portal compiles registration decisions for AI-generated materials. Particularly instructive is a December 11, 2023 decision by the Copyright Review Board affirming the denial of registration to an AI-generated artwork. Copyright Office’s AI Initiative launched in early 2023.

Registration 52

Registration Copyright Art Editing 52

IP Tech Blog

AUGUST 16, 2021

With the end of the Brexit transition period on 31 December 2020, the EU legislation governing the EU trade mark and design system ceased to apply to the UK. However, the applicant of an EUTM or RCD application pending on 1 January 2021 can apply for registration of a UK right and claim the earlier filing date until 30 September 2021.

Designs 57

Designs Design Blogging Registration 57

The TTABlog

OCTOBER 29, 2021

Bee) has scheduled eight (VIII) oral hearings for the month of November 2021. November 2, 2021 - 10 AM: In re Garan Services Corp. 88674888 [Section 2(d) refusal of MATCH STUDIO for "clothing, namely, tops and bottoms," in view of the mark MATCH in standard character and design form for overlapping clothing items.]

Designs 57

Designs Design Music Advertising 57

LexBlog IP

AUGUST 22, 2022

Are they protectable by design patents? In this post we will analyze the availability of design patents for digital commodities and how it compares with other Asian countries like Japan, South Korea and Singapore. In China, a GUI alone cannot be registered as a design patent. Overview of current legislation in China.

Design Patent 52

Design Patent Designs Design Patent 52

Indiana Intellectual Property Law

FEBRUARY 10, 2023

Trademark Office issued the following 132 trademark registrations to persons and business in Indiana in January 2023 based on applications filed by Indiana trademark attorneys: Reg. 6944877 LAKE ESCAPE 6939584 REPAIRWARES GET IT RIGHT THE FIRST TIME. 6944877 LAKE ESCAPE 6939584 REPAIRWARES GET IT RIGHT THE FIRST TIME.

Registration 52

Registration Trademark Designs Design 52

Technology & Marketing Law Blog

JULY 16, 2021

2021 WL 221878 (9th Cir Jan. 22, 2021): companies now pay so-called “influencers” to issue posts on social media touting their products or services. 2021 WL 2435307 (N.D. June 15, 2021). 2021 WL 151978 (N.D. 2021 WL 2476853 (E.D. La Marque, 2021 WL 1997376 (D. Advertising/E-Commerce. Ariix, LLC v.

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Advertising Advertising Contracts Social Media 107

Garrigues Blog

JUNE 14, 2022

The World Intellectual Property Organization (WIPO) has published its 2021 Indicators Report ( WIPI Report 2021 ). The information contained in the WIPI Report 2021 is particularly relevant since it compares the 2019 Indicators with the 2020 Indicators. Industrial designs. However, the data show otherwise. Trademarks.

Intellectual Property 52

Intellectual Property Designs Design Reporting 52

The TTABlog

JULY 13, 2021

But Applicant owns prior registrations for ELDORADO HOTEL CASINO RENO in standard character and design forms, and the Board concluded that, as in Strategic Partners , the thirteenth duPont factor "tipped the scale" and outweighed the other factors, "making confusion unlikely under the facts of this case." Welch 2021.

Registration 52

Registration Designs Design Ownership 52

LexBlog IP

AUGUST 16, 2021

With the end of the Brexit transition period on 31 December 2020, the EU legislation governing the EU trade mark and design system ceased to apply to the UK. However, the applicant of an EUTM or RCD application pending on 1 January 2021 can apply for registration of a UK right and claim the earlier filing date until 30 September 2021.

Designs 52

Designs Design Registration Government 52

The TTABlog

JUNE 28, 2022

Kretet also pointed to its ownership of a registration for a similar mark for non-medicated skin serums, but the Board was unimpressed. Seven third-party websites offered, under the same trademark or trade name, goods identified in both the involved application and cited registration. In re Krete LLC , Serial No. not contestable"?

Designs 44

Designs Design Registration Ownership 44

Garrigues Blog

NOVEMBER 11, 2021

Simply applying the typical pattern of a “cachirulo” (traditional Aragonese bandana) on a different item of clothing does not confer individual character on the design. That is to say, the appellant questioned whether the comparison had to be made between the designs themselves or between the products in which they were incorporated.

Designs 52

Designs Design Registration Blogging 52